FOI Oklahoma's Black Hole Award goes to Gov. Fallin

Gov. Mary Fallin's unprecedented use of "executive privilege" to hide records from the public earned her FOI Oklahoma's annual Black Hole Award, the organization announced Saturday.
 
Two newspapers and a state lawmaker received FOI Oklahoma's top open government and First Amendment awards Saturday during the organization's Sunshine Week Conference at the University of Oklahoma.
 
FOI Oklahoma also announced winners of its third open government-themed essay contest for college students. First place went to Joey Stipek of the University of Oklahoma. The second- and third-place winners were Oklahoma State University students Colton Scott and Andrei Dambuleff. The students won cash prizes of $300, $200 and $100.
 
The Marian Opala First Amendment Award was presented to the Enid News & Eagle, while the Ben Blackstock Award went to the Bartlesville Examiner-Enterprise.
 
State Rep. Jason Nelson, R-Oklahoma City, was presented the Sunshine Award for opening the doors of secrecy at the Department of Human Services.
 
In contrast, Fallin and her general counsel, Steve Mullins, garnered the Black Hole Award, which recognizes someone who thwarts the free flow of information in Oklahoma.
 
Fallin and Mullins have claimed that her communications with her 14 Cabinet members are protected by executive and deliberative process privileges under the state Constitution. Their claims are unprecedented for an Oklahoma governor.
 
Our state courts have not recognized these privileges. Likewise, the state Open Records Act doesn’t screen the governor’s records from public scrutiny.
 
Some of the records could shed light on why Fallin refused to create a state health insurance exchange. Others are related to implementing reforms to the corrections system.
 
The Enid News & Eagle was recognized for its successful lawsuit supporting the public's First Amendment right of access to court records sealed by Judge Ray Linder. The records involved the perjury case of Enid attorney Eric Edwards.
 
For nearly four months, the newspaper, its attorney Michael Minnis, and reporters James Neal and Cass Rains fought with Edwards' attorney, Stephen Jones, over the manner in which the records were sealed and removed from public view.
 
In ordering the records opened, Judge Richard Van Dyck cited the News & Eagle’s First Amendment right to publish the news as the newspaper found it.
 
Van Dyck said the public’s interest in knowing the truth was greater than the need to keep the records sealed, which would only "heighten suspicions."
 
"The public needs to know what its elected officials are up to," Van Dyck said. "The public has a right to know."
 
The Opala Award is named for the late Marian P. Opala, the former Polish freedom fighter who served 32 years on the Oklahoma Supreme Court.
 
The Bartlesville Examiner-Enterprise was presented the Blackstock Award, which recognizes a non-governmental person or organization that has fought for the public's right to know.
 
Video footage of an incident in which two local police officers were accused of assaulting a hospital patient was released because of a lawsuit by the newspaper.
 
Two police officers were charged with assault and battery from the September 2011 incident involving a combative patient at a local hospital. One officer was convicted and fined $1,000. The other was acquitted.
 
A third officer's employment was terminated, and a fourth officer was placed on administrative leave but later reinstated.
 
Nelson was presented the Sunshine Award, which goes to a public official or governmental body, for spearheading efforts to reform the Department of Human Services' tracking and reporting of child deaths and near-deaths.
 
Over time, DHS had developed a closed system and oversight was difficult. Nelson pounded away at unacceptable reports and transparency issues concerning DHS. He and other legislators had to stand firm when federal Health and Human Services officials said Oklahoma could lose millions in federal funding if it opened certain records.
 
Nelson kept asking why other states could disclose the information and still receive federal funding. Eventually, the HHS agreed Oklahoma could release the data without losing funding.
 
This was the sixth year that FOI has presented the Sunshine, Blackstock and Black Hole awards.
 
FOI Oklahoma is a statewide organization that for 23 years has promoted openness in government and First Amendment education. The organization counts among its members journalists, librarians, educators, government officials and private citizens. It also sponsors an annual First Amendment Congress for students.
 

 
Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications
 
Lindel Hutson
Past President, FOI Oklahoma
 
The opinions expressed in this blog are those of the commentators and do not necessarily represent the position of FOI Oklahoma Inc., its staff, or its board of directors. Differing interpretations of open government law and policy are welcome.

FOI Oklahoma seeks nominations for First Amendment, freedom of information awards for 2012

Nominations are open for FOI Oklahoma’s awards recognizing individuals and organizations that promoted the First Amendment and the free flow of information to the public in 2012.
 
FOI Oklahoma also recognizes those who opposed dissemination of public information with its Black Hole Award.
 
The Ben Blackstock Award is presented to a non-governmental person or organization that has shown a commitment to freedom of information. The Sunshine Award goes to a public official or governmental body that has shown a commitment to open meetings and open records.
 
FOI Oklahoma also recognizes an Oklahoman who has promoted education about or protection of the individual rights guaranteed by the First Amendment with its Marian Opala First Amendment Award. The award is named for the late Oklahoma Supreme Court justice, a Polish immigrant who exemplified a belief in First Amendment rights.
 
All four awards will be presented during the Sunshine Week conference March 9. The local conference is in conjunction with national Sunshine Week, March 10-16.
 
The deadline for nominations for all four awards is Feb. 21.
 
Nominations must include a letter of no more than 250 words justifying why the person or organization is deserving of the award.
 
Nominations may be made via e-mail to foiawards@gmail.com or mailed to FOI Awards, PO Box 5315, Edmond, OK 73083-5315.
 
The 2011 winner of the Opala Award was Anthony Shadid, the Oklahoma City native and New York Times reporter who died in Syria.
 
The Blackstock Award was presented to Nicholas Harrison, a University of Oklahoma law school graduate.
 
Bradon Clabes, police chief of Midwest City, was recipient of the Sunshine Award.
 
The Black Hole Award went to Edmond City Manager Larry Stevens and the Edmond Police Department.
 
FOI Oklahoma is a statewide not-for-profit founded in 1990 to educate the public on the First Amendment and openness in government.
 

FOI Oklahoma announces recipients of Opala First Amendment Award, FOI awards, college essay prizes

Anthony Shadid, the Oklahoma City native who died last month while on assignment in Syria for The New York Times, was named winner Saturday of FOI Oklahoma’s Marian Opala First Amendment Award.

Shadid promoted the spirit of the Opala Award in his journalistic work, particularly in the Middle East. The award is named in honor of the late Marian P. Opala, the former Polish freedom fighter who served 32 years on the Oklahoma Supreme Court.

Other awards presented at the organization’s annual Sunshine Week convention were the Ben Blackstock Award to Nicholas Harrison, a University of Oklahoma law school graduate, and the Sunshine Award to Police Chief Brandon Clabes of Midwest City.

The Black Hole Award, which recognizes an individual or organization that has thwarted the free-flow of information, went to Edmond City Manager Larry Stevens and the Edmond Police Department.

Winners of FOI Oklahoman's second annual open government essay contest for college students were also recognized Saturday at the organization's fifth annual Sunshine Week conference.

The first- and second-place winners were Oklahoma State University students Jennifer Gray and Carly Kindrick. Third place went to Mary Larsh of Oklahoma City University. The students won cash prizes of $300, $200 and $100.

The awards presentation was part of day-long activities in conjunction with Oklahoma Sunshine 2012: Forging a Commitment to Open Government.

Shadid twice won the Pulitzer Prize, journalism’s highest award. In his career, he worked for The Times, The Washington Post, The Boston Globe and The Associated Press. 

Oklahoma City Mayor Mick Cornett said Shadid took values learned in Oklahoma, "a sympathetic eye, a sense of right and wrong, and the bravery to make a difference … and applied them to his craft."

The Times’ Roger Cohen said Shadid wrote "with an awareness of the sweep of history, a healthy mistrust of 'objectivity,' and a deep sense of place and identity."

The Blackstock Award, named for the retired head of the Oklahoma Press Association, is presented to a non-governmental person or organization that has shown a commitment to freedom of information.

Harrison won the Blackstock Award because of work he did with The Oklahoma Daily, the campus newspaper at OU.

Harrison used his legal savvy, a strong sense of justice and a reporter’s curiosity to probe some of OU’s biggest secrets. One story detailed OU regents committee meetings where university policy was decided in secret.

Harrison could not attend the awards luncheon because his Oklahoma National Guard unit is en route home from Afghanistan.

The Sunshine Award goes to a public official or governmental body that has shown a commitment to open meetings and open records.

Clabes was given the Sunshine Award for his help to the public and the media about the activities of law enforcement in Midwest City. He promotes openness in his department and works to provide information as soon as it becomes available.

A 32-year veteran of the Midwest City police force and chief since 1999, Clabes served as the department’s spokesman for more than two decades before recently announcing he was passing on the duty.

Coming from a family with a journalism background, he has consistently shown an understanding that the public's right to know what police are doing is an important aspect of local government. He is responsive and professional when dealing with local media and has been proactive about releasing public documents, including 911 calls.

An honorable mention went to Ed Shadid, an Oklahoma City councilman and a cousin of Anthony Shadid.

The Black Hole Award went to Stevens and his police department for violating the state Open Records Act by withholding the incident report regarding an investigation into the actions of Tim Wheeler, fire prevention chief and spokesman for the Edmond Fire Department.

At the request of FOI Oklahoma, the state attorney general in January told police statewide that initial incident reports may not be withheld from the public as part of investigatory files.

"The state Legislature has made it clear in this regard that a police department's initial offense report or 'cover sheet' should be open for public inspection, regardless of its inclusion in an investigation file," wrote Attorney General Scott Pruitt in a letter distributed to police departments.

Wheeler was placed on administrative leave with pay in October. He remains on paid leave at an annual salary of $100,027.

According to a Nov. 29, 2011, news release from Edmond police, Wheeler is accused of pointing a small-caliber pistol at another fire department employee on Oct. 6 while at Edmond Fire Station No. 5 at Covell and Interstate 35. A third employee reported the incident.
 
This is the fifth year for FOI Oklahoma's FOI-related awards. FOI Oklahoma is a statewide organization that for 22 years has promoted education of the First Amendment and openness in government. The organization counts among its members journalists, librarians, educators and public officials.

Opala First Amendment Award, FOI awards, college essay winners announced

Joann Bell, who retired recently after 24 years with the American Civil Liberties Union of Oklahoma, was named winner of FOI Oklahoma’s Marian Opala First Amendment Award on Saturday.

The organization also presented its Ben Blackstock Award to The Oklahoman for its work to keep state employee birth dates open, and its Sunshine Award to state Rep. Jason Murphey, R- Guthrie, for his sponsorship and support of bills to increase transparency in government.

The Black Hole Award winner was state Rep. Randy Terrill, R-Moore, for working to exempt state employees’ birth dates.

FOI Oklahoma also announced winners of its first open government-themed essay contest for college students. First place went to Nicole Hill of the University of Oklahoma. The second- and third-place winners were Oklahoma State University students Lisa Watkins and Elizabeth Goodfellow. The students won cash prizes of $300, $200 and $100.

The awards presentation was part of day-long activities in conjunction with Sunshine Week, which highlighted "Local Heroes" across the country who have played significant roles in fighting for open government.

The Opala Award, named for the late state Supreme Court Justice Marian Opala, recognizes individuals who have promoted education about or protection of the individual rights guaranteed by the First Amendment.

Bell, of Harrah, started with the ACLU as a part-time litigation coordinator in 1987 and then became the Oklahoma ACLU’s second executive director in 1988.

Bell went to work with the ACLU after a long but successful court battle. She was a plaintiff in a seminal 10th Circuit Court case on the separation of church and state. (Bell v. Little Axe Independent School District, 766 F. 2d 1391 (1985))

Bell, a member of the Church of the Nazarene, and her co-plaintiff pursued the lawsuit in the face of hostility from the community.

The Oklahoman was named winner of the Blackstock Award, which goes to a non-governmental person or organization that has shown a commitment to freedom of information.

The newspaper won the award for its work to keep state employees birth dates available. The Oklahoma Public Employees Association wants the birth dates added to a list of information that is exempt from the state Open Records Act. Current exemptions in the law include employees’ Social Security numbers, home address and telephone numbers.

Former Attorney General Drew Edmondson said the birth dates should be considered available to the public unless there are overriding reasons to shut them off. The OPEA has gone to court to prevent the state from making birth dates available upon request. The case is pending.

Meanwhile, Terrill was named winner of the Black Hole Award – presented to someone who thwarts the free flow of information – for, among other things, introducing legislation that would exempt government employees' birth dates from the Open Records Act.

Murphey, a former member of the Guthrie City Council, received the Sunshine Award, which goes to a public official or governmental body that has shown a commitment to open meetings and open records.

He was elected to the state Legislature in 2006, campaigning on a platform of never accepting contributions or gifts from lobbyists or groups that employee lobbyists.

He has been an advocate of transparency in government since arriving at the state Capitol. A bill introduced by Murphey would require the Legislature to comply with the state Open Meeting and Open Records laws – just as any other state agency must do.

This was the fourth year for the awards. Last year’s winners were the Tulsa World for the Blackstock Award, Kristy Yager of the city of Oklahoma City for the Sunshine Award, and Lindel Hutson, former Oklahoma Associated Press bureau chief, for the Opala Award. The Black Hole Award went to Oklahoma County District Attorney David Prater and the Oklahoma city attorney's office.

FOI Oklahoma is a statewide organization that for 21 years has promoted education of the public on the First Amendment and openness in government. The organization counts among its members journalists, librarians and educators.

FOI Oklahoma Inc. seeks nominees for the Justice Marian Opala First Amendment Award

FOI Oklahoma Inc. is seeking nominees through Oct. 16 for the Justice Marian Opala First Amendment Award.

The award recognizes an Oklahoman who has promoted education about or protection of the individual rights guaranteed by the First Amendment, which include freedom of religion, speech, press, peaceful assembly, and the right to petition the government for redress of grievances.

Previous recipients include civil rights leader Clara Luper and state Attorney General Drew Edmondson.

Nominations for the award should include the nominee's name, address, brief biographical information and what the person has done to promote education about or protection of the individual rights guaranteed by the First Amendment.

Nominations may be sent to FOI Oklahoma Inc., P.O. Box 2408, Edmond, OK 73083, or e-mailed to kaybickham@sbcglobal.net.

This year’s recipient will be honored Oct. 29 during the 11th annual First Amendment Congress Professional Day session at The Oklahoman in Oklahoma City.

The award was initiated in 2002 to honor Justice Marian Opala, a Polish immigrant who exemplifies a belief in the rights guaranteed under the First Amendment. Opala was appointed to the state Supreme Court in 1978 and served as chief justice in 1991-92.

Opala, born in 1921, had just enrolled in law school when Nazi Germany invaded Poland in 1939. He enlisted in the Polish Army and later fought as a member of the Polish Resistance Movement. He was captured in 1944 and held in a concentration camp in Bavaria. When the camp was liberated in 1945, Opala was befriended by a 45th Infantry Division captain from Oklahoma City. Opala settled in Oklahoma City in 1947 and became a U.S. citizen in 1953.

Opala is well-known as a strong advocate of First Amendment rights. He attributes that commitment to his experiences in Nazi-occupied Poland.

FOI Oklahoma is a statewide organization founded in 1990 to educate the public and officials about rights guaranteed by the First Amendment and to actively support openness in government.


Joey Senat, Ph.D.
Associate Professor
OSU School of Journalism